RFPAttachmentNondisclosure.pdf

CONTRACTOR NON-DISCLOSURE AGREEMENT

Separate Agreements are required for each Contract

Each contractor/subcontractor who may have access to non-public information under their contract shall complete the form: Commitment to Protect Non-Public, Sensitive Information

– Contractor Agreement.1 The agreement is on the next page of this document.

A copy of each Agreement shall be submitted to the Project Officer prior to performing any work under the contract. Other copies are retained/submitted as stated in the Agreement.

Contractors with NIH network accounts must also upload a scanned copy of the signed Agreement into the NIH Security Awareness Tracking System. If you perform work under more than one contract, you must have a signed and for each contract. scanned Agreement

Carefully read the following directions.

To Complete the NDA Form using a DIGITAL Signature

1. Fill out the online form.

2. Using your digital signature, sign the Agreement form. [If unsure how to do this, fill the form out manually]

3. Save the file.

4. Once the file has been saved, remove the directions page and save it again (only retaining the Agreement portion of the form).

5. You are now ready to upload the signed Agreement form into the Security Awareness

Tracking System. Refer to the directions below. Keep the original Agreement for your records, and distribute a copy to your NIH Project Officer and your Employer’s Contract Management Office.

To Complete the NDA Form using a MANUAL Signature

1. Print the NDA form and fill it out.

2. Sign the Agreement in front of a witness and have the witness sign it.

3. Scan only the Agreement page of the form so that you can get a digital copy of it.

Make a note of where you save the file. [Some scanners send it as an attachment to an email; others will scan directly to your computer.]

4. You are now ready to upload the signed Agreement form into the Security Awareness Tracking System. Refer to the directions below. Keep the original Agreement for your records, and distribute a copy to your NIH Project Officer and your Employer’s Contract Management Office.

To Upload the NDA Form into the Security Awareness Tracking System:

1. Log into http://irtsectraining.nih.gov/ using your NIH ID.

2. Scroll down to “CONTRACTORS ONLY: NON-DISCLOSURE AGREEMENTS” and click on

UPLOAD NDA FORM.

3. Type in the contract-specific information related to the Agreement.

4. Follow directions for uploading the Agreement using the BROWSE button.

5. Click SUBMIT

1 HHS Contractor Oversight Guide http://intranet.hhs.gov/infosec/docs/policies_guides/COG/Contractor_Oversight_Guide.pdf

COMMITMENT TO PROTECT NON-PUBLIC, SENSITIVE INFORMATION

CONTRACTOR AGREEMENT

Access to non-public, sensitive information may be required in the performance of my official duties, under contract number _________________________________ between ________________________________ and my employer ______________________________ (NIH I/C Name or Component) (Employer’s Name)

Should I have access to non-public sensitive information, I agree that I shall not release, publish, or disclose such information to unauthorized personnel. I shall protect such information and will employ all reasonable efforts to maintain the confidentiality of such information. These efforts shall be no less than the degree of care employed by ______________________________ to preserve and safeguard its own sensitive information.

(Employer’s Name)

I agree that I shall immediately notify the NIH IT Service Desk of any suspected or confirmed unauthorized disclosure and/or misuse of sensitive information.

[ 301-496-4357 (local), 866-319-4357 (toll free), 301-496-8294 (TTY) or http://ithelpdesk.nih.gov ].

I understand that there are laws and regulations which provide for criminal and/or civil penalties for improper disclosure, including but not limited to:

a) 18 U.S.C. 641 (Public Money, Property or Records)

b) 18 U.S.C. 1832 (Trade Secrets)

b) 18 U.S.C. 1905 (Disclosure of Confidential Information)

c) 5 U.S.C. 552a (Privacy Act)

I affirm that I have received a written and/or verbal briefing by my company concerning my responsibilities under this agreement. I understand that violation of this agreement may subject me to criminal and civil penalties.

Select one of the two options for signing this form:

1) Digital Signature

Insert Digital Signature

2) Manual Signature (requires Witness)

Type or Print Your Name: ____________________________ Signature: ________________________________________

Date: ________________

Type or Print Witness Name: ________________________ Signature: _______________________________________

Date: _______________

Retain this original signed form for your records.

Submit copies to:

1) Your NIH IC Project Officer, and

2) Your Employer’s Contract Management Office